Legal Opinion

Harris v. Equator Mining & Smelting Co.

U.S. Circuit Court for the District of Colorado

Decided October 5, 1881PublishedCited by 16 opinions

Ejectment to recover possession of the Ocean Wave lode, situate in Griffith mining district, Clear Creek county, Colorado. Trial at May term, 1881, and verdict for plaintiffs. Motion for new trial then made and submitted. Decided at October term, 1881.

1Opinion of the CourtHallett, J.

Defendant applied in the Land Office at Central City to enter the Charlotte lode, and plaintiffs made adverse claim to a part of the territory as the Ocean Wave, and brought this suit in support of their claim. The claims overlap near the ends, and the area in dispute is not very large. The Ocean Wave is something more than ten years older than the other location, and a tunnel has been run nearly the whole length of the( claim. At the trial there was evidence to show that the lode was discovered in the year 1867, and that work had been done in the tunnel from time to time thereafter, until…

2Cases cited1 opinion

  1. Hess v. WinderCalifornia Supreme Court · 1866

3Cited by16 opinions

  1. United States v. Consolidated Mines & Smelting Co., Ltd., & Hugh Brown, United States of America v. Consolidated Mines & Smelting Co., Ltd., and Hugh BrownCourt of Appeals for the Ninth Circuit · 1971
  2. United States v. Consolidated Mines & Smelting Co.Court of Appeals for the Ninth Circuit · 1971
  3. Lebanon Mining Co. v. Consolidated Republican Mining Co.Supreme Court of Colorado · 1882
  4. Humphreys v. Idaho Gold Mines Development Co.Idaho Supreme Court · 1912
  5. Buffalo Zinc & Copper Co. v. CrumpSupreme Court of Arkansas · 1902

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